Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 1649 

provided (e.g., whether the billing 

health professional is a licensed 

practitioner authorized by State law or 

other qualified health professional) 

must be verified, if questionable. Only 

out-of-pocket expenses can be deducted. 

Expenses reimbursed to the household 

by an insurer are not deductible. The 

eligibility of the household to qualify for 

the deduction (i.e., the household 

includes a member who is elderly or 

disabled) must be verified, if 

questionable. 

(D) Standard shelter/utility deduction. 

A household must incur, on a monthly 

basis, at least one allowable shelter/ 

utility expense in accordance with 7 

CFR 253.6(e)(5)(i) to qualify for the 

standard shelter/utility deduction. The 

State agency must verify that the 

household incurs the expense. 

* * * * * 

(c) * * * 

(1) The State agency must develop 

procedures for how changes in 

household circumstances are reported. 

Changes reported over the telephone or 

in person must be acted on in the same 

manner as those reported in writing. 

Participating households are required to 

report the following changes within 10 

calendar days after the change becomes 

known to the household: 

(i) A change in household 

composition; 

(ii) An increase in gross monthly 

income of more than $100; 

(iii) A change in residence; 

(iv) When the household no longer 

incurs a shelter and utility expense; or 

(v) A change in the legal obligation to 

pay child support. 

* * * * * 

Dated: December 29, 2011. 

Janey Thornton, 

Acting Under Secretary, Food, Nutrition, and 

Consumer Services. 

[FR Doc. 2012–391 Filed 1–10–12; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2011–BT–DET–0079] 

RIN 1904–AC69 

Energy Conservation Program for 

Consumer Products and Certain 

Commercial and Industrial Equipment: 

Proposed Determination of Residential 

Central Air Conditioner Split-System 

Condensing Units and Residential Heat 

Pump Split-System Outdoor Units as a 

Covered Consumer Product 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Proposed determination. 

SUMMARY: The U.S. Department of 

Energy (DOE) proposes to determine 

that Residential Central Air Conditioner 

Split-System Condensing Units 

(hereafter referred to as ‘‘Condensing 

Units’’) and Residential Heat Pump 

Split-System Outdoor Units (hereafter 

referred to as ‘‘Outdoor Units) qualify as 

a covered product under Part A of Title 

III of the Energy Policy and 

Conservation Act (EPCA), as amended. 

DOE has determined that Condensing 

Units and Outdoor Units meet the 

criteria for covered products because: 

(1) Classifying products of such type as 

covered products is necessary or 

appropriate to carry out the purposes of 

EPCA, and (2) the average U.S. 

household energy use for Condensing 

Units and Outdoor Units are likely to 

exceed 100 kilowatt-hours (kWh) per 

year. 

DATES: DOE will accept written 

comments, data, and information on this 

notice, but no later than February 10, 

2012. 

ADDRESSES: Interested persons may 

submit comments, identified by docket 

number EERE–2011–BT–DET–0079, by 

any of the following methods: 

• Federal eRulemaking Portal: 

www.regulations.gov Follow the 

instructions for submitting comments. 

• Email: Brenda.Edwards@ee.doe.gov. 

Include EERE–2011–BT–DET–0079 and/ 

or RIN 1904–AC69 in the subject line of 

the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J, 

EERE–2011–BT–DET–0079 and/or RIN 

1904–AC69, 1000 Independence 

Avenue SW., Washington, DC 20585– 

0121. Phone: (202) 586–2945. Please 

submit one signed paper original. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 6th 

Floor, 950 L’Enfant Plaza SW., 

Washington, DC 20024. Phone: (202) 

586–2945. Please submit one signed 

paper original. 

Instructions: All submissions received 

must include the agency name and 

docket number or RIN for this notice. 

Docket: For access to the docket to 

read background documents, a copy of 

the transcript of the public meeting, or 

comments received, go to the U.S. 

Department of Energy, 6th Floor, 950 

L’Enfant Plaza SW., Washington, DC 

20024, (202) 586–2945, between 9 a.m. 

and 4 p.m., Monday through Friday, 

except Federal holidays. Please call Ms. 

Brenda Edwards at (202) 586–2945 for 

additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ashley Armstrong, U.S. Department of 

Energy, Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–17335. Email: 

Ashley.Armstrong@ee.doe.gov. 

In the Office of General Counsel, 

contact Ms. Elizabeth Kohl, U.S. 

Department of Energy, Office of the 

General Counsel, GC–71, 1000 

Independence Avenue SW., 

Washington, DC 20585. Telephone: 

(202) 586–7796. Email: 

Elizabeth.Kohl@hq.doe.gov. 

Table of Contents 

I. Statutory Authority 

II. Current Rulemaking Process 

III. Proposed Definition(s) 

IV. Evaluation of Condensing Units and 

Outdoor Units as a Covered Product 

Subject to Energy Conservation 

Standards 

A. Coverage Appropriate to Carry Out 

Purposes of EPCA 

B. Average Household Energy Use 

V. Procedural Issues and Regulatory Review 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act 

C. Review Under the Paperwork Reduction 

Act of 1995 

D. Review Under the National 

Environmental Policy Act of 1969 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act of 1999 

I. Review Under Executive Order 12630 

J. Review Under the Treasury and General 

Government Appropriations Act of 2001 

K. Review Under Executive Order 13211 

L. Review Under the Information Quality 

Bulletin for Peer Review 

VI. Public Participation 

A. Submission of Comments 

B. Issues on Which DOE Seeks Comments 


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1For editorial reasons, upon codification in the 

U.S. Code, Part B was re-designated Part A. 

2Specifically, the purposes of chapter 77 of title 

42 of the United States Code, as set forth later in 

this proposed coverage determination. 

I. Statutory Authority 

Title III of the Energy Policy and 

Conservation Act (EPCA), as amended 

(42 U.S.C. 6291 et seq.), sets forth 

various provisions designed to improve 

energy efficiency. Part A of Title III of 

EPCA (42 U.S.C. 6291–6309) established 

the ‘‘Energy Conservation Program for 

Consumer Products Other Than 

Automobiles,’’ which covers consumer 

products and certain commercial 

products (hereafter referred to as 

‘‘covered products’’).1 In addition to 

specifying a list of covered residential 

and commercial products, EPCA 

contains provisions that enable the 

Secretary of Energy to classify 

additional types of consumer products 

as covered products. For a given 

product to be classified as a covered 

product, the Secretary must determine 

that: 

(1) Classifying the product as a 

covered product is necessary or 

appropriate to carry out the purposes of 

EPCA; 2 and 

(2) The average annual per-household 

energy use by products of such type is 

likely to exceed 100 kWh per year. (42 

U.S.C. 6292(b)(1)). 

For the Secretary to prescribe an 

energy conservation standard pursuant 

to 42 U.S.C. 6295(o) and (p) for covered 

products added pursuant to 42 U.S.C. 

6292(b)(1), he must also determine that: 

(1) The average household energy use 

of the products has exceeded 150 

kilowatt-hours per household for a 

12-month period, 

(2) The aggregate 12-month energy use 

of the products has exceeded 4.2 TWh, 

(3) Substantial improvement in energy 

efficiency is technologically feasible, 

and 

(4) Application of a labeling rule 

under section 42 U.S.C. 6294 is unlikely 

to be sufficient to induce manufacturers 

to produce, and consumers and other 

persons to purchase, covered products 

of such type (or class) that achieve the 

maximum energy efficiency that is 

technologically feasible and 

economically justified. (42 U.S.C. 

6295(l)(1)). 

If DOE issues a final determination 

that condensing units and outdoor units 

are covered products, DOE will consider 

test procedures and energy efficiency 

standards for these products. DOE will 

determine if standards for condensing 

units and outdoor units satisfy the 

provisions of 42 U.S.C. 6295(l)(1) during 

the course of any energy conservation 

standards rulemaking. 

II. Current Rulemaking Process 

DOE has not previously conducted an 

energy conservation standard 

rulemaking specifically for condensing 

units and outdoor units. DOE has, 

however, previously conducted two 

energy conservation standard 

rulemakings for Residential Central Air 

Conditioners and Heat Pumps of which 

the Condensing Units and Outdoor 

Units, respectively, are a component. If 

after public comment, DOE issues a 

final determination of coverage for 

condensing units and outdoor units, 

DOE will consider both a test procedure 

and an energy conservation standard for 

this product. 

With respect to test procedures, DOE 

will consider a proposed test procedure 

for measuring the energy efficiency, 

energy use or estimated annual 

operating cost of condensing units and 

outdoor units during a representative 

average use cycle or period of use that 

is not unduly burdensome to conduct. 

(42 U.S.C. 6293(b)(3)). In a test 

procedure rulemaking, DOE initially 

prepares a notice of proposed 

rulemaking (NOPR) and allows 

interested parties to present oral and 

written data, views, and arguments with 

respect to such procedures. In 

prescribing new test procedures, DOE 

takes into account relevant information 

including technological developments 

relating to energy use or energy 

efficiency of condensing units and 

outdoor units. 

With respect to energy conservation 

standards, DOE typically prepares 

initially an Energy Conservation 

Standards Rulemaking Framework 

Document (the framework document). 

The framework document explains the 

issues, analyses, and process that it is 

considering for the development of 

energy conservation standards for 

condensing units and outdoor units. 

After DOE receives comments on the 

framework document, DOE typically 

prepares an Energy Conservation 

Standards Rulemaking Preliminary 

Analysis and Technical Support 

Document (the preliminary analysis). 

The preliminary analysis typically 

provides initial draft analyses of 

potential energy conservation standards 

on consumers, manufacturers, and the 

nation. Neither of these steps is legally 

required. 

DOE is required to publish a notice of 

proposed rulemaking (NOPR). The 

NOPR provides DOE’s proposal for 

potential energy conservations 

standards and a summary of the results 

of DOE’s supporting technical analysis. 

The details of DOE’s energy 

conservation standards analysis are 

provided in a technical support 

document (TSD) that describes the 

details of DOE’s analysis of both the 

burdens and benefits of potential 

standards, pursuant to 42 U.S.C. 

6295(o). Because condensing units and 

outdoor units would be a product that 

is newly covered under 42 U.S.C. 

6292(b)(1), DOE would also consider as 

part of any energy conservation 

standard NOPR whether condensing 

units and outdoor units satisfy the 

requirements of 42 U.S.C. 6295(l)(1). 

After the publication of the NOPR, DOE 

affords interested persons an 

opportunity during a period of not less 

than 60 days to provide oral and written 

comment. After receiving and 

considering the comments on the NOPR 

and not less than 90 days after the 

publication of the NOPR, DOE would 

issue the final rule prescribing any new 

energy conservation standards for 

condensing units and outdoor units. 

III. Proposed Definition(s) 

Section 430.2 in the Code of Federal 

Regulations defines a ‘‘Condensing 

Unit’’ as a component of a central air 

conditioner which is designed to 

remove the heat absorbed by the 

refrigerant and to transfer it to the 

outside environment, and which 

consists of an outdoor coil, 

compressor(s), and air moving device. 

DOE proposes to revise the above 

definition for ‘‘Condensing Unit’’ by 

adding the term ‘‘split-system’’ as a 

component of a split-system central air 

conditioner which is designed to 

remove the heat absorbed by the 

refrigerant and to transfer it to the 

outside environment, and which 

consists of an outdoor coil, 

compressor(s), and air moving device. 

Section 430.2 in the Code of Federal 

Regulations also defines an ‘‘Outdoor 

Unit’’ as a component of a split-system 

central air conditioner or heat pump 

that is designed to transfer heat between 

the refrigerant and the outdoor air, and 

which consists of an outdoor coil, 

compressor(s), an air moving device, 

and in addition for heat pumps, a 

heating mode expansion device, 

reversing valve, and defrost controls. 

DOE does not propose to revise the 

above definition for ‘‘Outdoor Unit.’’ 

DOE seeks feedback from interested 

parties on its definitions of condensing 

units and outdoor units. 


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3See National Impacts Analysis (NIA) 

spreadsheet for Furnaces, Central Air Conditioners, 

and Heat Pumps developed for DOE’s June 27, 2011 

Direct Final Rule for Energy Conservation 

Standards for Residential Furnaces and Residential 

Central Air Conditioners and Heat Pumps. (76 FR 

37408). The NIA spreadsheet is available at: 

http://www1.eere.energy.gov/buildings/appliance_

standards/residential/residential_furnaces_ac_hp_

direct_final_rule_tools.html. 

4U.S. Department of Energy. ‘‘Technical Support 

Document: Energy Efficiency Program for Consumer 

Products: Residential Central Air Conditioners, 

Heat Pumps, and Furnaces.’’ June 2011. Chapter 7. 

Available at: http://www1.eere.energy.gov/

buildings/appliance_standards/residential/

residential_furnaces_central_ac_hp_direct_final_

rule_tsd.html. 

IV. Evaluation of Condensing Units and 

Outdoor Units as a Covered Product 

Subject to Energy Conservation 

Standards 

The following sections describe DOE’s 

evaluation of whether condensing units 

and outdoor units fulfill the criteria for 

being added as a covered product 

pursuant to 42 U.S.C. 6292(b)(1). As 

stated previously, DOE may classify a 

consumer product as a covered product 

if (1) classifying products of such type 

as covered products is necessary and 

appropriate to carry out the purposes of 

EPCA; and (2) the average annual perhousehold energy use by products of 

such type is likely to exceed 100 

kilowatt-hours (or its Btu equivalent) 

per year. 

A. Coverage Appropriate To Carry Out 

Purposes of EPCA 

Coverage of set condensing units and 

outdoor units is necessary or 

appropriate to carry out the purposes of 

EPCA, which include: (1) To conserve 

energy supplies through energy 

conservation programs, and, where 

necessary, the regulation of certain 

energy uses; and (2) to provide for 

improved energy efficiency of motor 

vehicles, major appliances, and certain 

other consumer products. (42 U.S.C. 

6201). The household national energy 

use of Residential Central Air 

Conditioner Split-Systems and 

Residential Heat Pump Split-Systems 

for the year 2011 is estimated to be 

133.1 billion kilowatt-hours and 58.6 

billion kilowatt-hours, respectively.3

Condensing Units, which are a 

component of Residential Central Air 

Conditioner Split-Systems, represent 

approximately 87 percent of total 

system energy use. Outdoor Units, 

which are a component of Residential 

Heat Pump Split-Systems, also represent 

87 percent of total system energy use.4

Therefore, the national energy use of 

condensing units and outdoor units for 

the year 2011 is estimated to be 115.8 

billion kilowatt-hours and 51.0 billion 

kilowatt-hours, respectively. Because 

there is significant variation in the 

annual energy consumption of different 

models currently available, technologies 

exist to reduce the energy consumption 

of condensing units and outdoor units. 

B. Average Household Energy Use 

DOE calculated average household 

energy use for condensing units and 

outdoor units, in households that used 

the product, based on data from DOE’s 

June 2011 Technical Support Document 

(TSD) for Residential Central Air 

Conditioners, Heat Pumps, and 

Furnaces.3 The TSD provides annual 

energy use for Residential Central Air 

Conditioner Split-Systems and 

Residential Heat Pump Split-Systems, 

and the total number of systems in 

operation in the U.S. The average U.S. 

per-household annual energy use for the 

stock of Residential Central Air 

Conditioner Split-Systems and 

Residential Heat Pump Split-Systems is 

2851 kilowatt-hours and 4264 kilowatthours, respectively. As noted above, 

condensing units and outdoor units 

comprise approximately 87 percent of 

total system energy use. As a result, the 

estimated average U.S. per-household 

annual energy use for the stock of 

condensing units and outdoor units is 

2480 kilowatt-hours and 3710 kilowatthours, respectively. Therefore, the 

average annual per household energy 

use for condensing units and outdoor 

units is likely to exceed 100 kWh. 

V. Procedural Issues and Regulatory 

Review 

DOE has reviewed its proposed 

determination of condensing units and 

outdoor units under the following 

executive orders and acts. 

A. Review Under Executive Order 12866 

The Office of Management and Budget 

has determined that coverage 

determination rulemakings do not 

constitute ‘‘significant regulatory 

actions’’ under section 3(f) of Executive 

Order 12866, Regulatory Planning and 

Review, 58 FR 51735 (Oct. 4, 1993). 

Accordingly, this proposed action was 

not subject to review under the 

Executive Order by the Office of 

Information and Regulatory Affairs 

(OIRA) in the Office of Management and 

Budget (OMB). 

B. Review Under the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996) requires 

preparation of an initial regulatory 

flexibility analysis for any rule that, by 

law, must be proposed for public 

comment, unless the agency certifies 

that the proposed rule, if promulgated, 

will not have a significant economic 

impact on a substantial number of small 

entities. A regulatory flexibility analysis 

examines the impact of the rule on 

small entities and considers alternative 

ways of reducing negative effects. Also, 

as required by E.O. 13272, ‘‘Proper 

Consideration of Small Entities in 

Agency Rulemaking’’ 67 FR 53461 

(August 16, 2002), DOE published 

procedures and policies on February 19, 

2003 to ensure that the potential impact 

of its rules on small entities are properly 

considered during the DOE rulemaking 

process. 68 FR 7990 (February 19, 2003). 

DOE makes its procedures and policies 

available on the Office of the General 

Counsel’s Web site at www.gc.doe.gov. 

DOE reviewed today’s proposed 

determination under the provisions of 

the Regulatory Flexibility Act and the 

policies and procedures published on 

February 19, 2003. If adopted, today’s 

proposed determination would set no 

standards; they would only positively 

determine that future standards may be 

warranted and should be explored in an 

energy conservation standards and test 

procedure rulemaking. Economic 

impacts on small entities would be 

considered in the context of such 

rulemakings. On the basis of the 

foregoing, DOE certifies that the 

proposed determination, if adopted, 

would have no significant economic 

impact on a substantial number of small 

entities. Accordingly, DOE has not 

prepared a regulatory flexibility analysis 

for this proposed determination. DOE 

will transmit this certification and 

supporting statement of factual basis to 

the Chief Counsel for Advocacy of the 

Small Business Administration for 

review under 5 U.S.C. 605(b). 

C. Review Under the Paperwork 

Reduction Act of 1995 

This proposed determination, which 

proposes to determine that condensing 

units and outdoor units meets the 

criteria for a covered product for which 

the Secretary may prescribe an energy 

conservation standard pursuant to 42 

U.S.C. 6295(o) and (p), will impose no 

new information or record-keeping 

requirements. Accordingly, the Office of 

Management and Budget (OMB) 

clearance is not required under the 

Paperwork Reduction Act. (44 U.S.C. 

3501 et seq.). 

D. Review Under the National 

Environmental Policy Act of 1969 

In this notice, DOE proposes to 

positively determine that future 

standards may be warranted and that 

environmental impacts should be 


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explored in an energy conservation 

standards rulemaking. DOE has 

determined that review under the 

National Environmental Policy Act of 

1969 (NEPA), Public Law 91–190, 

codified at 42 U.S.C. 4321 et seq. is not 

required at this time. NEPA review can 

only be initiated ‘‘as soon as 

environmental impacts can be 

meaningfully evaluated’’ (10 CFR 

1021.213(b)). This proposed 

determination would only determine 

that future standards may be warranted, 

but would not itself propose to set any 

specific standard. DOE has, therefore, 

determined that there are no 

environmental impacts to be evaluated 

at this time. Accordingly, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

E. Review Under Executive Order 13132 

Executive Order (E.O.) 13132, 

‘‘Federalism’’ 64 FR 43255 (August 10, 

1999), imposes certain requirements on 

agencies formulating and implementing 

policies or regulations that preempt 

State law or that have Federalism 

implications. The Executive Order 

requires agencies to examine the 

constitutional and statutory authority 

supporting any action that would limit 

the policymaking discretion of the 

States and to assess carefully the 

necessity for such actions. The 

Executive Order also requires agencies 

to have an accountable process to 

ensure meaningful and timely input by 

State and local officials in developing 

regulatory policies that have Federalism 

implications. On March 14, 2000, DOE 

published a statement of policy 

describing the intergovernmental 

consultation process that it will follow 

in developing such regulations. 65 FR 

13735 (March 14, 2000). DOE has 

examined today’s proposed 

determination and concludes that it 

would not preempt State law or have 

substantial direct effects on the States, 

on the relationship between the Federal 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. EPCA governs and 

prescribes Federal preemption of State 

regulations as to energy conservation for 

the product that is the subject of today’s 

proposed determination. States can 

petition DOE for exemption from such 

preemption to the extent permitted, and 

based on criteria, set forth in EPCA. (42 

U.S.C. 6297). No further action is 

required by E.O. 13132. 

F. Review Under Executive Order 12988 

With respect to the review of existing 

regulations and the promulgation of 

new regulations, section 3(a) of E.O. 

12988, ‘‘Civil Justice Reform’’ 61 FR 

4729 (February 7, 1996), imposes on 

Federal agencies the duty to: (1) 

Eliminate drafting errors and ambiguity; 

(2) write regulations to minimize 

litigation; (3) provide a clear legal 

standard for affected conduct rather 

than a general standard; and (4) promote 

simplification and burden reduction. 

Section 3(b) of E.O. 12988 specifically 

requires that Executive agencies make 

every reasonable effort to ensure that the 

regulation specifies the following: (1) 

The preemptive effect, if any; (2) any 

effect on existing Federal law or 

regulation; (3) a clear legal standard for 

affected conduct while promoting 

simplification and burden reduction; (4) 

the retroactive effect, if any; (5) 

definitions of key terms; and (6) other 

important issues affecting clarity and 

general draftsmanship under any 

guidelines issued by the Attorney 

General. Section 3(c) of E.O. 12988 

requires Executive agencies to review 

regulations in light of applicable 

standards in sections 3(a) and 3(b) to 

determine whether these standards are 

met, or whether it is unreasonable to 

meet one or more of them. DOE 

completed the required review and 

determined that, to the extent permitted 

by law, this proposed determination 

meets the relevant standards of E.O. 

12988. 

G. Review Under the Unfunded 

Mandates Reform Act of 1995 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4, codified at 2 U.S.C. 1501 et seq.) 

requires each Federal agency to assess 

the effects of Federal regulatory actions 

on State, local, and tribal governments 

and the private sector. For regulatory 

actions likely to result in a rule that may 

cause expenditures by State, local, and 

Tribal governments, in the aggregate, or 

by the private sector of $100 million or 

more in any 1 year (adjusted annually 

for inflation), section 202 of UMRA 

requires a Federal agency to publish a 

written statement that estimates the 

resulting costs, benefits, and other 

effects on the national economy. (2 

U.S.C. 1532(a) and (b)) UMRA requires 

a Federal agency to develop an effective 

process to permit timely input by 

elected officers of State, local, and tribal 

governments on a proposed ‘‘significant 

intergovernmental mandate.’’ UMRA 

also requires an agency plan for giving 

notice and opportunity for timely input 

to small governments that may be 

potentially affected before establishing 

any requirement that might significantly 

or uniquely affect them. On March 18, 

1997, DOE published a statement of 

policy on its process for 

intergovernmental consultation under 

UMRA. 62 FR 12820 (March 18, 1997). 

(This policy also is available at 

www.gc.doe.gov). DOE reviewed today’s 

proposed determination pursuant to 

these existing authorities and its policy 

statement and determined that the 

proposed determination contains 

neither an intergovernmental mandate 

nor a mandate that may result in the 

expenditure of $100 million or more in 

any year, so the UMRA requirements do 

not apply. 

H. Review Under the Treasury and 

General Government Appropriations 

Act of 1999 

Section 654 of the Treasury and 

General Government Appropriations 

Act of 1999 (Pub. L. 105–277) requires 

Federal agencies to issue a Family 

Policymaking Assessment for any rule 

that may affect family well-being. This 

proposed determination would not have 

any impact on the autonomy or integrity 

of the family as an institution. 

Accordingly, DOE has concluded that it 

is not necessary to prepare a Family 

Policymaking Assessment. 

I. Review Under Executive Order 12630 

Pursuant to E.O. 12630, 

‘‘Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights’’ 53 FR 8859 (March 15, 1988), 

DOE determined that this proposed 

determination would not result in any 

takings that might require compensation 

under the Fifth Amendment to the U.S. 

Constitution. 

J. Review Under the Treasury and 

General Government Appropriations 

Act of 2001 

The Treasury and General 

Government Appropriation Act of 2001 

(44 U.S.C. 3516, note) requires agencies 

to review most disseminations of 

information they make to the public 

under guidelines established by each 

agency pursuant to general guidelines 

issued by the Office of Management and 

Budget (OMB). The OMB’s guidelines 

were published at 67 FR 8452 (February 

22, 2002), and DOE’s guidelines were 

published at 67 FR 62446 (October 7, 

2002). DOE has reviewed today’s 

proposed determination under the OMB 

and DOE guidelines and has concluded 

that it is consistent with applicable 

policies in those guidelines. 

K. Review Under Executive Order 13211 

E.O. 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use,’’ 66 

FR 28355 (May 22, 2001), requires 

Federal agencies to prepare and submit 


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to OMB a Statement of Energy Effects 

for any proposed significant energy 

action. A ‘‘significant energy action’’ is 

defined as any action by an agency that 

promulgates a final rule or is expected 

to lead to promulgation of a final rule, 

and that: (1) Is a significant regulatory 

action under E.O. 12866, or any 

successor order; and (2) is likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy; or 

(3) is designated by the Administrator of 

the Office of Information and Regulatory 

Affairs (OIRA) as a significant energy 

action. For any proposed significant 

energy action, the agency must give a 

detailed statement of any adverse effects 

on energy supply, distribution, or use if 

the proposal is implemented, and of 

reasonable alternatives to the proposed 

action and their expected benefits on 

energy supply, distribution, and use. 

DOE has concluded that today’s 

regulatory action proposing to 

determine that condensing units and 

outdoor units meets the criteria for a 

covered product for which the Secretary 

may prescribe an energy conservation 

standard pursuant to 42 U.S.C. 6295(o) 

and (p) would not have a significant 

adverse effect on the supply, 

distribution, or use of energy. This 

action is also not a significant regulatory 

action for purposes of E.O. 12866, and 

the OIRA Administrator has not 

designated this proposed determination 

as a significant energy action under E.O. 

12866 or any successor order. Therefore, 

this proposed determination is not a 

significant energy action. Accordingly, 

DOE has not prepared a Statement of 

Energy Effects for this proposed 

determination. 

L. Review Under the Information 

Quality Bulletin for Peer Review 

On December 16, 2004, OMB, in 

consultation with the Office of Science 

and Technology Policy (OSTP), issued 

its Final Information Quality Bulletin 

for Peer Review (the Bulletin). 70 FR 

2664 (January 14, 2005). The Bulletin 

establishes that certain scientific 

information shall be peer reviewed by 

qualified specialists before it is 

disseminated by the Federal 

government, including influential 

scientific information related to agency 

regulatory actions. The purpose of the 

Bulletin is to enhance the quality and 

credibility of the Government’s 

scientific information. Under the 

Bulletin, the energy conservation 

standards rulemaking analyses are 

‘‘influential scientific information,’’ 

which the Bulletin defines as ‘‘scientific 

information the agency reasonably can 

determine will have or does have a clear 

and substantial impact on important 

public policies or private sector 

decisions.’’ 70 FR 2667 (January 14, 

2005). 

In response to OMB’s Bulletin, DOE 

conducted formal in-progress peer 

reviews of the energy conservation 

standards development process and 

analyses and has prepared a Peer 

Review Report pertaining to the energy 

conservation standards rulemaking 

analyses. Generation of this report 

involved a rigorous, formal, and 

documented evaluation using objective 

criteria and qualified and independent 

reviewers to make a judgment as to the 

technical/scientific/business merit, the 

actual or anticipated results, and the 

productivity and management 

effectiveness of programs and/or 

projects. The ‘‘Energy Conservation 

Standards Rulemaking Peer Review 

Report’’ dated February 2007 has been 

disseminated and is available at the 

following Web site: http:// 

www1.eere.energy.gov/buildings/ 

appliance_standards/peer_review.html. 

VI. Public Participation 

A. Submission of Comments 

DOE will accept comments, data, and 

information regarding this notice of 

proposed determination no later than 

the date provided at the beginning of 

this notice. After the close of the 

comment period, DOE will review the 

comments received and determine 

whether condensing units and outdoor 

units is a covered product under EPCA. 

Comments, data, and information 

submitted to DOE’s email address for 

this proposed determination should be 

provided in WordPerfect, Microsoft 

Word, PDF, or text (ASCII) file format. 

Submissions should avoid the use of 

special characters or any form of 

encryption, and wherever possible 

comments should include the electronic 

signature of the author. No 

telefacsimiles (faxes) will be accepted. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies: one copy of 

the document should have all the 

information believed to be confidential 

deleted. DOE will make its own 

determination as to the confidential 

status of the information and treat it 

according to its determination. 

Factors of interest to DOE when 

evaluating requests to treat submitted 

information as confidential include (1) a 

description of the items; (2) whether 

and why such items are customarily 

treated as confidential within the 

industry; (3) whether the information is 

generally known or available from 

public sources; (4) whether the 

information has previously been made 

available to others without obligations 

concerning its confidentiality; (5) an 

explanation of the competitive injury to 

the submitting persons which would 

result from public disclosure; (6) a date 

after which such information might no 

longer be considered confidential; and 

(7) why disclosure of the information 

would be contrary to the public interest. 

B. Issues on Which DOE Seeks 

Comments 

DOE welcomes comments on all 

aspects of this proposed determination. 

DOE is particularly interested in 

receiving comments from interested 

parties on the following issues related to 

the proposed determination for 

condensing units and outdoor units: 

• Definition(s) of condensing units 

and outdoor units; 

• Whether classifying condensing 

units and outdoor units as a covered 

product is necessary or appropriate to 

carry out the purposes of EPCA: 

• Calculations and values for 

household and national energy 

consumption; and 

• Availability of technologies for 

improving energy efficiency of 

condensing units and outdoor units. 

The Department is interested in 

receiving views concerning other 

relevant issues that participants believe 

would affect DOE’s ability to establish 

test procedures and energy conservation 

standards for condensing units and 

outdoor units. The Department invites 

all interested parties to submit in 

writing by February 10, 2012, comments 

and information on matters addressed in 

this notice and on other matters relevant 

to consideration of a determination for 

condensing units and outdoor units. 

After the expiration of the period for 

submitting written statements, the 

Department will consider all comments 

and additional information that is 

obtained from interested parties or 

through further analyses, and it will 

prepare a final determination. If DOE 

determines that condensing units and 

outdoor units qualifies as a covered 

product, DOE will consider a test 

procedure and energy conservation 

standards for condensing units and 

outdoor units. Members of the public 

will be given an opportunity to submit 

written and oral comments on any 

proposed test procedure and standards. 

List of Subjects in 10 CFR part 430 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Reporting and recordkeeping 

requirements. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
1654 Federal Register / Vol. 77, No. 7 / Wednesday, January 11, 2012 / Proposed Rules 

Issued in Washington, DC, on December 

23, 2011. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2012–328 Filed 1–10–12; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–1453; Directorate 

Identifier 2009–SW–46–AD] 

RIN 2120–AA64 

Airworthiness Directives; Agusta 

S.p.A. Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for all 

Agusta S.p.A. (Agusta) Model A109, 

A109A, A109A II, A109C, A109K2, 

A109E, A109S, and A119 helicopters. 

This proposed AD is prompted by a 

mandatory continuing airworthiness 

information (MCAI) AD issued by the 

European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community. The MCAI AD states that a 

Model A109E helicopter has 

experienced a failure of the tail rotor 

pitch control link assembly caused by a 

production defect. The proposed actions 

are intended to prevent failure of a tail 

rotor pitch control link and subsequent 

loss of control of the helicopter. 

DATES: We must receive comments on 

this proposed AD by March 12, 2012. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

http://www.regulations.gov. Follow the 

online instructions for sending your 

comments electronically. 

• Fax: (202) 493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket: You may 

examine the AD docket on the Internet 

at http://www.regulations.gov or in 

person at the Docket Operations Office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this proposed 

AD, the economic evaluation, any 

comments received, and other 

information. The street address for the 

Docket Operations Office (telephone 

(800) 647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

For service information identified in 

this proposed AD, contact Agusta 

Westland, Customer Support & Services, 

Via Per Tornavento 15, 21019 Somma 

Lombardo (VA) Italy, ATTN: Giovanni 

Cecchelli; telephone 39 (0331) 711133; 

fax 39 (0331) 711180; or at http://www.

agustawestland.com/technicalbullettins. You may review copies of the 

referenced service information at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 2601 Meacham 

Blvd., Room 663, Fort Worth, Texas 

76137. 

FOR FURTHER INFORMATION CONTACT: Gary 

Roach, Aerospace Engineer, Rotorcraft 

Directorate, Regulations and Policy 

Group, FAA, 2601 Meacham Blvd., Fort 

Worth, Texas 76137; telephone (817) 

222–5110; email gary.b.roach@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to participate in this 

rulemaking by submitting written 

comments, data, or views. We also 

invite comments relating to the 

economic, environmental, energy, or 

federalism impacts that might result 

from adopting the proposals in this 

document. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

commenters should send only one copy 

of written comments, or if comments are 

filed electronically, commenters should 

submit only one time. 

We will file in the docket all 

comments that we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this proposed rulemaking. 

Before acting on this proposal, we will 

consider all comments we receive on or 

before the closing date for comments. 

We will consider comments filed after 

the comment period has closed if it is 

possible to do so without incurring 

expense or delay. We may change this 

proposal in light of the comments we 

receive. 

Discussion 

The EASA, which is the Technical 

Agent for the Member States of the 

European Union, has issued EASA AD 

2006–0228–E, dated July 27, 2006, to 

correct an unsafe condition for Agusta 

Model A109A, A109A II, A109C, 

A109K2, A109E, A109S, A109LUH and 

A119 helicopters. The MCAI AD states 

that an Agusta Model A109E helicopter 

has experienced a failure of the tail rotor 

pitch control link assembly, part 

number 109–0130–05–117, with 10 

flight hours. This proposed AD would 

require actions that are intended to 

prevent failure of a tail rotor pitch 

control link and subsequent loss of 

control of the helicopter. You may 

obtain further information by examining 

the MCAI AD and any related service 

information in the AD Docket. 

FAA’s Determination 

These products have been approved 

by the aviation authority of Italy and are 

approved for operation in the United 

States. Pursuant to our bilateral 

agreement with this State of Design 

Authority, the EASA, their technology 

agents have notified us of the unsafe 

condition described in the MCAI AD 

and service information. We are 

proposing this AD because we evaluated 

all information provided by the EASA 

and determined the unsafe condition 

exists and is likely to exist or develop 

on other products of these same type 

designs. 

Related Service Information 

Agusta has issued Alert Bollettino 

Tecnico (ABT) No. 109S–5, dated July 

26, 2006, for Model A109S helicopters; 

ABT No. 109EP–70, dated July 27, 2006, 

for Model A109E helicopters; ABT No. 

109K–47, dated July 27, 2006, for Model 

A109K2 helicopters; ABT No. 109–122, 

dated July 27, 2006, for Model A109A, 

A109A II, and A109C helicopters; and 

ABT No. 119–15, dated July 27, 2006, 

for Model A119 helicopters. These 

ABTs specify performing a one-time 

inspection of the subject link assembly 

for excessive friction of the spherical 

bearing of the bearing ball and for a 

crack. The EASA classified these ABTs 

as mandatory and issued EASA AD 

2006–0228–E, to ensure the continued 

airworthiness of these helicopters. 

Proposed AD Requirements 

This proposed AD would require 

compliance with specified portions of 

the manufacturer’s service bulletin 

including: 

• Before further flight, inspect the 

affected link assembly for freedom of 

movement of the links while it is 

installed on the helicopter. If a rotation 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1